Can Article 21 be invoked against telephone tapping?

The freedom of speech and expression means the right to express one’s convictions ad opinions freely by word of mouth, writing, printing, picture, or in any other manner. When a person a person is talking on telephone, he is exercising his right to freedom of speech and expression. Telephone tapping, accordingly, infracts Article 19 (1) (a) unless it falls within the grounds of restrictions falling under Article 19 (2). In People’s Union for Civil Liberties v. Union of India, the court also treated it as a aspect of privacy and invoked Article 21 against telephone tapping.

Write briefly about Anti-Defection Law.

Thus is contained in the Tenth Schedule to the Constitution which was introduced by the 52nd Amendment in 1985. It provides for the disqualification of a member if he defects from his party to some other party. The decision is that of the Speaker, but it is subject to judicial review. There are two exceptions, in which case no disqualification occurs:

(1) no member can be disqualified if a group of 1/3rd of the total members of a party decides to split;

(2) or if a group of 2/3rd of the total members of a party decide to merge with some other party.


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